Mack v. State

DANAHY, Judge.

On this appeal the defendant contends that his sentences are improper upward departures from the recommended guidelines range applicable to the defendant’s offenses. We agree and reverse.

The defendant was originally charged with burglary of a dwelling and grand theft in the second degree. He entered a plea of nolo contendere and was placed on probation for five years. In 1984, the defendant was found guilty of probation violations, and his probation was modified to require that he reside at a probation and restitution center.

Subsequently, the defendant was charged with armed…